Archive

avxo writes “According to an article on the New Zealand Herald, Kim Dotcom says his team has evidence showing that the Department of Homeland Security served a search warrant on Megaupload in 2010, forcing it to preserve pirated movies. According to Mr. Dotcom, those preserved movies are the center of the latest legal battle. ‘When the FBI applied to seize the Megaupload site in 2012, it said the company had failed to delete pirated content and cited the earlier search warrant against the continued existence of 36 of the same 39 files.’ He added: ‘[t]he FBI used the fact the files were still in the account of the … user to get the warrant to seize our own domains. This is outrageous.’”

lbalbalba writes “A location message send from a stolen iPad by an anti-theft application, turns out to be insufficient evidence to issue a search warrant for the Dutch authorities. A Dutch man reported his iPad as stolen to the Dutch authorities last month. Despite the fact that the rightful owner was able to locate his iPad within hours of the theft, thanks to the anti-theft application he had installed, the Dutch authorities did not issue a warrant to perform a search. According to the prosecutors, a search warrant is ‘a very heavy measure,’ that should only be used when there is ‘sufficient suspicion.’ The theft report by the owner was viewed as ‘no objective evidence’ in the case.”

Trailrunner7 writes “Those multi-gesture passcode locks on Android phones that give users (and their spouses) fits apparently present quite a challenge for the FBI as well. Frustrated by a swipe passcode on the seized phone of an alleged gang leader, FBI officials have requested a search warrant that would force Google to ‘provide law enforcement with any and all means of gaining access, including login and password information, password reset, and/or manufacturer default code (“PUK”), in order to obtain the complete contents of the memory of cellular telephone.’ The request is part of a case involving an alleged gang leader and human trafficker named Dante Dears in California. Dears served several years in prison for his role in founding a gang in California called PhD, and upon his release he went back to his activities with the gang, according to the FBI’s affidavit.”

suraj.sun writes with this excerpt from the Wall Street Journal: “The Supreme Court’s recent ruling overturning the warrantless use of GPS tracking devices has caused a ‘sea change’ inside the U.S. Justice Department, according to FBI General Counsel Andrew Weissmann. Mr. Weissmann, speaking at a University of San Francisco conference called ‘Big Brother in the 21st Century’ on Friday, said that the court ruling prompted the FBI to turn off about 3,000 GPS tracking devices that were in use. These devices were often stuck underneath cars to track the movements of the car owners. In U.S. v. Jones, the Supreme Court ruled that using a device to track a car owner without a search warrant violated the law. After the ruling, the FBI had a problem collecting the devices that it had turned off, Mr. Weissmann said. In some cases, he said, the FBI sought court orders to obtain permission to turn the devices on briefly – only in order to locate and retrieve them.”

Wired reports that “The Justice Department is entitled to records of the Twitter accounts used by three current and former WikiLeaks associates, a federal judge ruled Thursday, dealing a victory to prosecutors in a routine records demand that turned into a fierce court battle over online privacy and free speech. … The Justice Department has been seeking the Twitter records under 18 USC 2703(d), a 1994 amendment to the Stored Communications Act that allows law enforcement access to non-content internet records, such as transaction information, without demonstrating the ‘probable cause’ needed for a full-blown search warrant.” Jacob Appelbaum, one of the three, was also detained on his re-entry to the U.S. last August (as well as on numerous other occasions) and had his email records seized as well. The others are Birgitta Jonsdottir (a member of Iceland’s parliament) and Dutch businessman Rop Gonggrijp.

kodiaktau writes “In probably the most important decision Gov. Brown of California will make this year, he has vetoed the bill that would require officers to get a search warrant before searching cellular phones of arrested citizens. This further enables the police to carry out warrantless searches of private property extending into contacts, email, photos, banking activity, GPS, and other functions that are controlled by modern phones. ‘He cites a recent California Supreme Court decision upholding the warrantless searches of people incident to an arrest. In his brief message (PDF), he also doesn’t say whether it’s a good idea or not. Instead, he says the state Supreme Court’s decision is good enough, a decision the U.S. Supreme Court let stand last week.’”

An anonymous reader writes “Marcia Hofmann, senior staff attorney at the EFF, gives more information on the first known seizure of equipment in the U.S. due to a warrant executed against a private individual running a Tor exit node. ‘This spring, agents from Immigration and Customs Enforcement (ICE) executed a search warrant at the home of Nolan King and seized six computer hard drives in connection with a criminal investigation. The warrant was issued on the basis of an Internet Protocol (IP) address that traced back to an account connected to Mr. King’s home, where he was operating a Tor exit relay.’ The EFF was able to get Mr King’s equipment returned, and Marcia points out that ‘While we think it’s important to let the public know about this unfortunate event, it doesn’t change our belief that running a Tor exit relay is legal.’ She also links to the EFF’s Tor Legal FAQ. This brings up an interesting dichotomy in my mind, concerning protecting yourself from the Big digital Brother: Running an open Wi-Fi hotspot, or Tor exit node, would make you both more likely to be investigated, and less likely to be convicted, of any cyber crimes.”

wiredmikey writes “A hacker that had been found with more than 675,000 stolen credit card numbers that reportedly led to loses totaling more than $36 million, was sentenced on Friday to 120 months in prison. After pleading guilty on April 21, 2011, Rogelio Hackett Jr., 25, of Lithonia, Georgia, was slapped with a maximum prison sentence and ordered to pay a $100,000 fine. According to court documents, U.S. Secret Service special agents executing a search warrant in 2009 at Hackett’s home found more than 675,000 stolen credit card numbers and related information in his computers and email accounts. Hackett admitted in a court filing that since at least 2002, he has been trafficking in credit card information he obtained either by hacking into business computer networks and downloading credit card databases, or purchasing the information from others using the Internet through various carding forums.”